Published AAO appeal decisions

A statistical data analyst at a private university sought EB-2 NIW for advanced data analytics and machine learning work. The AAO remanded because while the applicant discussed past projects, she failed to specify the distinct future endeavor to be undertaken, a prerequisite for Dhanasar analysis.

A data science researcher with a Ph.D. sought an EB-2 national interest waiver. The AAO sustained the appeal, finding all three Dhanasar prongs satisfied: the proposed research in data science algorithms and computing has national importance, the petitioner is well positioned through expertise and citations to advance it, and waiving labor certification benefits U.S. scientific interests.

An employer sponsored an agricultural data scientist for extraordinary ability. The AAO agreed she met two criteria: scholarly articles and peer review judging. However, the petitioner failed to meet the three-criterion threshold. Original contributions and critical role claims were unsubstantiated. Appeal dismissed for insufficient evidence.